The reports of the great criminal trials before the _comitia_ reveal the
inherent weakness of a system of popular jurisdiction in criminal
matters. Personal and political considerations foreign to the merits of
the case were allowed to take the place of competent evidence; and
issues of right and expediency were too frequently mixed up. The
accused, at times, trusted not so much in the righteousness of his cause
as in the feelings of compassion and prejudice that moved the people as
popular judges. And to excite these feelings the most ludicrous and
undignified steps were sometimes taken. The defendant nearly always
appeared at the trial in mourning garb, frequently let his hair and
beard grow long, and often exhibited the scars and wounds received in
battle whilst fighting for his country. He sometimes offered prayers to
the immortal gods and wept bitterly; at other times he caused his
children and other relatives to appear at the trial, wailing, and
tearing their clothes. Not content with presenting all the pathetic
features of his own life, he left nothing undone to expose his opponents
to hatred and contempt. It thus happened that many of the great criminal
causes of Rome were mere farcical proceedings. A few instances may be
cited.
Horatius, though tried in the time of the third Roman king, was pardoned
by the people for the murder of his sister because of his heroic deed in
single combat with the three Curiatii, and because his father had lost
three children in the service of the state.
In the year 98, Manlius Aquillius, the pacificator of Sicily, was tried
for embezzlement. Marcus Antonius, his advocate, ended his argument for
the defense by tearing the tunic of Aquillius to show the breast of the
veteran warrior covered with scars. The people were moved to tears and
Aquillius was acquitted, although the evidence was very clear against
him.
Public-domain text, read in full here on John Shaqi.
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